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Need advice on obtaining or using copy writed music

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Need advice on obtaining or using copy writed music

Postby skyview08 » Tue Jun 20, 2017 4:09 pm

I am shooting a commercial for a company this coming week and we would like to use the song "Human" by Rag'n'Bone Man. We will not be making money off of the music etc. Can i use the song, do I need to get rights, I could not find an answer anywhere as to if I can use it and post the names and artists in the video and description or if I need to buy a right. Thank you in advanced.
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Re: Need advice on obtaining or using copy writed music

Postby Hugh Robjohns » Tue Jun 20, 2017 4:35 pm

It doesn't matter whether or not you make money from using someone else's copyrighted work (and I presume here that you will be making money from your shooting activities since it's for a commercial company). Regardless, you must pay the appropriate fee to the relevant rights holders (or their agency) to use that work. Crediting the artist without paying is just advertising the theft! ;-)

Quite what the fee is and how you pay it depends on many factors and what country you're in.

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Re: Need advice on obtaining or using copy writed music

Postby skyview08 » Tue Jun 20, 2017 4:51 pm

Hugh Robjohns wrote:It doesn't matter whether or not you make money from using someone else's copyrighted work (and I presume here that you will be making money from your shooting activities since it's for a commercial company). Regardless, you must pay the appropriate fee to the relevant rights holders (or their agency) to use that work. Crediting the artist without paying is just advertising the theft! ;-)

Quite what the fee is and how you pay it depends on many factors and what country you're in.

H


I don't even know where to start to obtain rights and pay for it. Any advice on that artist and song? Who do I contact?
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Re: Need advice on obtaining or using copy writed music

Postby Hugh Robjohns » Tue Jun 20, 2017 5:04 pm

Where are you? What is the project for? Who will view it and where?
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Re: Need advice on obtaining or using copy writed music

Postby skyview08 » Tue Jun 20, 2017 5:05 pm

Hugh Robjohns wrote:Where are you? What is the project for? Who will view it and where?

I live in Ohio, The project is for a Clothing company and we are shooting our own video with the music "human" by Rag'n'Bone Man as the overlaying music. The viewers will be just facebook and youtube only.
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Re: Need advice on obtaining or using copy writed music

Postby Hugh Robjohns » Tue Jun 20, 2017 5:11 pm

Okay -- not a part of the world I know much about when it comes to music royalties, I'm afraid.

The US agencies you need to investigate are BMI, ASCAP, and SESAC, but try reading this website which explains the concepts and should send you in the right direction:

https://www.royaltyexchange.com/learn/m ... Ieev8.dpbs

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Re: Need advice on obtaining or using copy writed music

Postby zenguitar » Tue Jun 20, 2017 5:15 pm

A quick search for the song finds this Warner/Chappell page, complete with the link to buy a licence. Expect it to be expensive ;)

http://warnerchappell.com/song-details/ ... 9e2a0aac31


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Re: Need advice on obtaining or using copy writed music

Postby skyview08 » Tue Jun 20, 2017 5:30 pm

zenguitar wrote:A quick search for the song finds this Warner/Chappell page, complete with the link to buy a licence. Expect it to be expensive ;)

http://warnerchappell.com/song-details/ ... 9e2a0aac31


Andy :beamup:


Is there any way you could PM me or chat with me to help me figure this out. I am completely new to copy writed music and want to make sure I do it all legally.
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Re: Need advice on obtaining or using copy writed music

Postby The Red Bladder » Tue Jun 20, 2017 5:38 pm

In the US you need the publisher's permission to use a song, a recording, or a tune.

R&B Man is hot property right now, so expect to pay a seven figure sum.
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Re: Need advice on obtaining or using copy writed music

Postby zenguitar » Tue Jun 20, 2017 5:44 pm

Sorry, I am completely inexperienced in the business side of the industry, I'm a techie type as well. The link came in the first few results when I searched for the song on Google, it is not evidence of suitable skills to help with rights and licencing issues in a different country.

Anyone with experience in the USA able to offer help/advice on licencing?

Andy :beamup:
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Re: Need advice on obtaining or using copy writed music

Postby The Red Bladder » Tue Jun 20, 2017 5:51 pm

Easy-peasy. Your lawyers contact the publisher, or rather their lawyers and make them a suitable seven-figure offer. They will ask for something up front, usually 50% and the rest against a protected cashier's cheque.
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Re: Need advice on obtaining or using copy writed music

Postby CS70 » Tue Jun 20, 2017 7:03 pm

zenguitar wrote:Sorry, I am completely inexperienced in the business side of the industry, I'm a techie type as well. The link came in the first few results when I searched for the song on Google, it is not evidence of suitable skills to help with rights and licencing issues in a different country.

Anyone with experience in the USA able to offer help/advice on licencing?

Andy :beamup:

What Red Bladder say is correct, but the trick is that you must have submitted your claim at the copyright office in order to file a suit, only if the work is created in the US and you are an US citizen.

If you aren't, you can claim copyright under the laws of your country, and then you submit a protection request for international copyright in the US. The US has a bilateral agreement with the UK for copyright protection, so - so long your copyright is recognized in your country, you have a chance. Have a look at https://www.copyright.gov/fls/fl100.html

How good of a chance is, I'm afraid, lawyer material..
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Re: Need advice on obtaining or using copy writed music

Postby blinddrew » Tue Jun 20, 2017 9:43 pm

Think you've got your threads crossed CS7O...
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Re: Need advice on obtaining or using copy writed music

Postby The Red Bladder » Wed Jun 21, 2017 12:56 pm

Just to state the blindingly obvious, the very, very, worst thing the OP could do is to just use the material and hope for the best.

If it were my property, I would come after the ad-agency, the client and all those involved, collectively and separately.

The law requires me to do this,as intellectual property is a case of "Use it or lose it!" In other words, if I do not protect and defend my IP, it becomes public domain property.

So even if you are using a track or sound for a student or charity project, the law requires me to litigate against those involved, to maintain my rights to the property.
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Re: Need advice on obtaining or using copy writed music

Postby blinddrew » Wed Jun 21, 2017 3:18 pm

The Red Bladder wrote:The law requires me to do this,as intellectual property is a case of "Use it or lose it!" In other words, if I do not protect and defend my IP, it becomes public domain property.

So even if you are using a track or sound for a student or charity project, the law requires me to litigate against those involved, to maintain my rights to the property.
That's something of an exaggeration there RB. The only aspect of IP that is affected by this is trademark, and even then it's not as clear-cut as that.
But I would certainly expect to have the pants sued off me if I didn't take your advice ;)
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Re: Need advice on obtaining or using copy writed music

Postby The Red Bladder » Thu Jun 22, 2017 2:47 am

blinddrew wrote:That's something of an exaggeration there RB.
Not entirely - public domain as a result of failure to defend a copyright was overturned in 2014 when the Supreme Court issued its opinion in Petrella v. Metro-Goldwyn-Mayer, Inc.

However, in that judgement, blatant failure does lead to the IP passing into PD.

The belief however persists in most owners of IP, that they MUST protect at all costs!

blinddrew wrote: The only aspect of IP that is affected by this is trademark, and even then it's not as clear-cut as that.

True for TMs, of course!
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